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Waiver of Right to Magistrate's Warning

This topic can be found at:
https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/2627086506

April 04, 2012, 16:03
Rob Henneke
Waiver of Right to Magistrate's Warning
A nearby county (with a small jail) is having arrested individuals that already have bond set sign a "Waiver of Right to Magistrates Warning" and then is releasing individuals immediately without presenting them to a magistrate.

Thoughts?

Are the CCP 14.06, 15.17, 38.30 & 38.31 requirements waivable?
April 05, 2012, 09:32
JohnR
Bad idea. Magistration already involves a waiver. Essentially, under this scheme, you're having them waive the process designed to inform them of their rights. Compare it to Miranda--what if instead a detective said, you know, I'm supposed to tell you a bunch of rights, but do you mind if I don't?